COTTER & COTTER

The proceedings involved an application for property settlement between the Applicant and the late Mr Cotter, represented by his Legal Personal Representative, Mr Cotter-Stott. The dispute concerned the final division of the parties' financial relationship, with the court being asked to make consent orders.

The court was required to determine the terms of the final property orders, ensuring they were just and equitable and intended to finally determine the financial relationship between the parties, as contemplated by section 81 of the *Family Law Act 1975*. The orders also addressed the applicant's acknowledgement that these provisions would preclude her from commencing proceedings under Part IV of the *Administration and Probate Act 1958* (Vic).

The court made orders by consent, which included the transfer of a property located at Suburb D, Victoria, to the Applicant. The Respondents were to be responsible for all costs associated with this transfer. The Respondents were also to retain specific household chattels and personal possessions at the Suburb D property. Pending the transfer, the Respondents were to bear the costs associated with the property, with the Applicant assuming responsibility thereafter. The orders stipulated that each party would otherwise retain their own property and be solely liable for any liabilities encumbering it, and that each party foregoes claims to the other's superannuation or insurance benefits. The Applicant was to be provided with vacant possession of the Suburb D property upon the making of the orders. All extant applications were dismissed, and the matter was removed from the hearing list.